Title 44 — Charitable and Curative Institutions.

An ALR that provides services for residents who use wheelchairs, shall insure that: (1) Doorways and hallways provide a clear opening of at least 32 inches; and (2) Thresholds exceeding 1/2 inch are modified to provide a 1:12 maximum slope.

(a) An ALR shall ensure that there is one full bathroom, for every 6 residents, including live-in family or staff. Additional full or half baths shall be available to non-live-in staff. No resident shall be required to traverse more than one flight of stairs to access a bathroom …

(a) An ALR shall ensure that each facility is lighted and ventilated in accordance with Title 12 of the District of Columbia Municipal Regulations (District of Columbia Construction Codes Supplement of 1992). Artificial night lights for corridors and exterior security lighting sh…

(a) An ALR located in an existing building shall ensure that bedrooms provide at least 70 square feet of habitable space for single occupancy resident units and 100 square feet of habitable space in double occupancy resident units. Each bedroom shall have adequate dresser and clo…

An ALR shall provide a kitchen that has the following: (1) Storage, refrigerator, or freezer space for perishable and nonperishable foods; (2) Food preparation areas with cleanable surfaces; (3) Equipment to prepare and serve food at safe and palatable temperatures; and (4) Suffi…

An ALR shall provide an on-site laundry facility for use of staff for residents personal laundry. All laundry shall be processed and handled in a manner to prevent the spread of infection by: (1) Separate processing and storage of incontinent items; and (2) Sanitizing by hot wate…

(a) An ALR that provides sleeping accommodations for more than 16 residents shall comply with this subchapter. (b) The ALR may be free-standing or a distinct part of an institutional occupancy. (c) The ALR shall be responsible for providing or coordinating personalized care to in…

A Certificate of Need shall not be required for Assisted Living Residences licensed under this chapter.

(a) Each ALR shall carry insurance for at least the following: (1) Hazards (fire and extended coverage) in the amount of $500.00 per resident to protect belongings with a minimum of $2,000 of coverage per facility; (2) Premises, personal injury, and products liability at least in…

A person or licensee aggrieved by an action of the Mayor under this chapter may appeal the Mayor’s action by filing a request for hearing as provided in § 44-505.

The Mayor shall promulgate proposed rules where necessary to supplement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council doe…

Repealed Repealed.

For the purposes of this chapter, the term: (1) “Assisted living” means an assisted living residence as defined in § 44-102.01(4). (2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking. (3) “Continuing care facility” means a building, o…

(a) No provider shall engage in the business of offering or providing continuing care in the District without a license from the Department of Insurance, Securities, and Banking indicating that the provider meets the financial requirements under this chapter for engaging in the b…

(a) The license of a provider shall remain in effect until revoked after notice and hearing, upon written findings of fact, that the provider has: (1) Willfully violated any provision of this chapter or of any related rule or order; (2) Failed to file an annual disclosure stateme…

(a) No provider or other owning entity shall sell or transfer ownership of the facility, or enter into a contract with a third-party provider for management of the facility, unless the transfer or contract has been approved by the Commissioner. The Commissioner shall have 90 days…

(a) At least 30 days prior to the execution of a contract to provide continuing care, or 30 days prior to the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever occurs first, the provider shall deliver a current disclosure s…

(a) Each contract for continuing care shall provide that: (1) The resident may rescind the contract within 30 days following the execution of the contract or the receipt of a disclosure statement that meets the requirements of this chapter, whichever is later, and the resident to…

(a) Within 150 days following the end of each fiscal year, the provider shall file with the Commissioner a revised disclosure statement setting forth current information required. The provider shall also make the revised disclosure statement available to all the residents of the …

(a) All continuing care facilities shall maintain, after opening, operating reserves equal to 20% of the total operating costs projected for the 12-month period following the period covered by the most recent annual disclosure statement filed. The forecast statements as required …

(a) All continuing care facilities both prior to and after opening shall maintain escrow accounts for the total amount of any entrance fee, or any other fee or deposit that may be applied toward the entrance fee, in the following instances: (1) The amounts received if an applican…

(a) A resident living in a facility registered under this chapter has the right of self-organization, the right to be represented by an individual of the resident’s own choosing, and the right to engage in concerted activities to keep informed on the operation of the facility in …

(a) Application may be made to the Superior Court of the District of Columbia or to the federal bankruptcy court that may have previously taken jurisdiction over the provider or facility for an order directing or authorizing the appointment of a trustee to rehabilitate or to liqu…

For the purposes of any investigation or proceeding under this chapter, any person may be required or permitted by the Commissioner to file a statement in writing, under oath or otherwise, as to any of the facts and circumstances concerning the matter to be investigated.

(a) Each provider shall keep and make available to the Commissioner at the provider’s place of business any books and records that the Commissioner, by rule or regulation, requires to enable the Commissioner to enforce this chapter and any rule or regulation adopted under this ch…

(a) Any provider, facility, or person who enters into a contract for continuing care at a facility without having first delivered a disclosure statement meeting the requirements of this chapter to the person contracting for continuing care, or enters into a contract for continuin…

(a) Any person who violates § 44-151.02(a), or makes, or causes to be made, in a document filed with the Commissioner or in any proceeding under this chapter, a statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in an…

Nothing in this chapter affects the authority of any agency otherwise provided by law to license or regulate any health service facility, domiciliary service facility, or food service.

(a) The Mayor may promulgate rules to carry out and enforce the provisions of this chapter. (b) Any provider who is offering continuing care shall be given a reasonable time, not to exceed one year from the date of publication of any applicable rules promulgated pursuant to this …

All fees, fines, penalties, and assessments received by the Commissioner under this chapter shall be deposited in, and credited to, the Continuing Care Retirement Community Regulatory and Supervision Trust Account established by § 31-1202(b-2) and expended in accordance with § 31…

For the purposes of this chapter, the term: (1) Repealed. (2) “Board” means the Laboratory Advisory Board established by § 44-206. (3) “Clinical laboratory” means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysica…

(a) Except as provided in subsection (b) of this section, it shall be unlawful to operate a clinical laboratory in the District of Columbia, whether public or private, for profit or not-for-profit, unless licensed by the Mayor. (a-1) Except as provided in subsection (c) of this s…

(a) A clinical laboratory shall be under the direct and personal supervision of a laboratory director. (b) To qualify as a laboratory director, a person shall meet the applicable qualifications as specified in rules issued pursuant to § 44-213 and shall: (1) Hold a doctor of scie…

(a) A clinical laboratory performing only waived tests shall employ testing personnel who meet the qualifications set out in rules issued pursuant to § 44-213. (b)(1) A clinical laboratory performing moderately complex tests shall employ a laboratory director, a technical consult…

Repealed Repealed.

(a) The Mayor shall appoint a Laboratory Advisory Board, which will advise the Mayor on: (1) Classifying laboratory tests as waived, moderately complex, or highly complex for the purposes of this chapter; (2) Developing additional requirements or limitations for clinical laborato…

(a) The Mayor shall conduct inspections of clinical laboratories licensed to perform moderately complex and highly complex tests, including inspections of their methods, procedures, materials, staff, and equipment and may conduct inspections of clinical laboratories licensed to p…

(a) The Mayor shall operate a laboratory reference system and shall prescribe standards for the examination of specimens. (b) The Mayor shall adopt rules pursuant to § 44-213 that: (1) Prohibit payment to laboratory personnel based upon the number of tests performed; and (2) Limi…

(a) Each clinical laboratory shall participate in a proficiency testing program approved by the Mayor. (b) A proficiency testing program shall include at least 3 proficiency testing events per year, performed at approximately equal intervals. Each testing event shall include at l…

The Mayor shall adopt rules pursuant to § 44-213 that: (1) Limit the number of slides a cytotechnologist may examine to no more than 100 in a 24-hour period, irrespective of the site or clinical laboratory; (2) Prohibit cytotechnologists from examining slides at any building not …

(a) A patient may request, in writing, access to or copies of the results of the patient’s own laboratory tests. (b)(1) All requests for clinical laboratory services, the results of all clinical laboratory tests, and the contents of patient specimens shall be confidential. (2) Pe…

(a) A clinical laboratory license may be revoked, suspended, or limited by the Mayor on proof that the laboratory or one or more of its employees: (1) Has made misrepresentations in obtaining the license or in the operation of the laboratory; (2) Has engaged or attempted to engag…

(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules, including a schedule of civil fines, to implement the provisions of this chapter. (b) The Mayor may issue emergency rules, which shall be effective no more than 90 days and which shall be…

For the purposes of this chapter, the term: (1) “Automated external defibrillator” or “AED” or “defibrillator” means a medical device heart monitor and defibrillator that: (A) Has received approval from the United States Food and Drug Administration of its premarket notification …

(a) A person who or entity that acquires an AED shall ensure that: (1) Expected AED users receive training from and be certified by the American Heart Association, the American Red Cross, or an equivalent state or nationally recognized course, in cardiopulmonary resuscitation (“C…

(a) The Mayor shall develop and implement an AED program for each recreation facility. The program shall meet the requirements of § 44-232, and, in addition, ensure that: (1) At least one AED is provided on-site at each recreation facility; (2) An individual trained in the operat…

(a) The Mayor shall conduct a study examining the feasibility of installing AED devices in all District public facilities, including the District of Columbia Public Schools system and the Public Charter Schools. The study shall be submitted to the Council no later than 6 months f…

(a) Any person or entity who, in good faith and without compensation, uses an AED to provide emergency care or treatment shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or …

(a) There is established the Automated External Defibrillator Registration Fee Fund (“Fund”), as a non-lapsing, revolving fund, to be administered by the Mayor as an agency fund, as that term is defined in § 47-373(2)(I), and to be used exclusively for the purposes stated in § 44…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 may issue rules to implement the provisions of this chapter.